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(영문) 대전지방법원 논산지원 2016.06.21 2016고단85
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On January 14, 2011, the Defendant was sentenced to imprisonment for three years and six months for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Daejeon High Court, and the judgment became final and conclusive on April 14, 2011, and completed the execution of the sentence at Daejeon Prison on February 13, 2014.

[Criminal facts]

1. A special larceny Defendant and B combined with the victim D's warehouse in 09:30 on Apr. 2015, 2015, upon intrusioned into the victim D's warehouse in Masan, the victim's market value at KRW 15,00,00, which is the victim's possession in the warehouse, was stolen, by carrying 5 parts of the victim's Ma, which is the victim's possession in the warehouse, into the cargo vehicle.

2. Larceny;

A. On June 5, 2015, at around 07:30 on June 5, 2015, the Defendant: (a) divided a password that was known in advance to the above victim’s warehouse; (b) removed the corrective device; and (c) removed the corrective device; and (d) removed three masters of the total market value of the victim’s possession in storage in the warehouse, which was loaded into the said warehouse, and stolen the said E onto the cargo vehicle.

B. On July 4, 2015, around 14:30 on July 4, 2015, the Defendant: (a) came to a warehouse of the above victim; (b) removed a correction device, and (c) removed the correction device; (d) entered the said warehouse, and (e) cut off three shorts of the total market value of the victim’s possession, which was in custody in the warehouse, into the said warehouse, and loaded the said E onto the cargo vehicle.

(c)

On August 1, 2015, at around 05:30, the Defendant: (a) came to a warehouse of the above victim; (b) removed a correction device, and (c) removed the password known in advance; and (d) cut off four 1,100,000 won in total at the market price of the storage in the warehouse, entering the said warehouse, and cutting off the password into the said E-T truck.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in B, F, and G;

1. Statement made by the police against D;

1. Previous records: Application of the results of inquiry and investigation reports (a bound by the Acts and subordinate statutes, such as a copy of the judgment before the suspect A);

1. Article 331(2) and Article 331(1) of the Criminal Act (the point of special larceny) regarding criminal facts and Article 329 of each Criminal Act (the point of intention and imprisonment).

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